NJ LAWS EMAIL NEWSLETTER E495
Kenneth Vercammen, Attorney at Law
June 10, 2016
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Greetings!
In
this issue:
1.
2016 update Wills and Estate Planning- Free Summer Seminar
Wednesday
June 15, 2016; 12:15-1:00 PM
2.
Attorneys, Vendors, Professionals, Law Enforcement invited to NJSBA Happy
Hour & Networking Social; July 15, 2016 Friday
at Bar
Anticipation
3.
Rule on recording Custodial interrogations reviewed
State
v Anthony.
4.
Expert can only testify upon his own observations and not just read someone
else's report. State v. Bass.
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1. 2016 update Wills
and Estate Planning- Free Summer Seminar
Wednesday June 15,
2016
12:15-1:00 PM
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
COST:
Free if you pre-register by email. Complimentary materials provided at 12:00
sharp. We previously held this seminar for the Metuchen and Edison Library.
This program is limited to 15 people. Please bring a canned food donation,
which will be given to a community food bank. Please email us if you plan on
attending or if you would like us to email the materials.
SPEAKER:
Kenneth Vercammen, Esq.
(Author-
Answers to Questions About Probate)
The
new NJ Probate Law made a number of substantial changes in Probate and the
administration of estates and trusts in New Jersey.
Main
Topics:
1.
The New Probate Law and preparation of
Wills
2.
2016 changes in Federal Estate and Gift Tax exemption
3.
Reducing NJ Estate Tax on estates over $675,000
4.
Power of
Attorney
5.
Living
Will
6.
Administering the Estate/ Probate/Surrogate
7.
Question and Answer
2.
Mark your calendar.........
Attorneys, Vendors, Professionals, Law
Enforcement invited to NJSBA Happy Hour & Networking Social
July 15, 2016 Friday
at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
Free ! 5:30-7:55PM
Hot & Cold Buffet
The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft
& House Wine Special
Please bring a canned food donation for a community food bank, continuing to
provide food and help to individuals in need.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for
wristbands. VercammenLaw@Njlaws.com
If your group, non-profit or organization wishes to co-sponsor the networking
happy hour, please contact
KENNETH
VERCAMMEN, Esq.
2053
Woodbridge Ave. Edison, NJ 08817
732-572-0500
VercammenLaw@Njlaws.com
2016
Co-sponsors NJ State Bar Association Municipal Court Section,
Criminal
Law Section
Young
Lawyers Division
LGBT
Rights Section
Family
Law Section
Minorities
in the Profession Section MIPS
Immigration
Law Section
Taxation
Law Section
Women
in the Profession Section WIPS
Labor
and Employment Law Section
Solo
and Small-Firm Section
Real
Property, Trust and Estate Law Section
Federal
Practice and Procedure Section
Business
Law Section
Local
Government Law Section
Banking
Law Section
Special
Committee for Paralegals
Insurance
Defense Special Committee
Special
Civil Part Special Committee,
Lawyers
In Transition Special Committee,
School
Law Special Committee
Automobile
Litigation and No Fault Special Committee
Privacy
Law Special Committee,
Fidelity
and Surety Law Committee,
Monmouth
County Bar Association
New
Jersey Defense Association
NJ
Institute of Local Government Attorneys
Retired
Police & Fire Middlesex Monmouth Local 9
Greater
Monmouth Chamber of Commerce, Lakewood Chamber of Commerce
Recent
cases
3.
Rule on recording Custodial interrogations reviewed. State v
Anthony __ NJ Super __ (App. Div. 2016)
Rule 3:17(a) provides that, "[unless one of the exceptions
set forth in paragraph (b) are present, all custodial interrogations
conducted in a place of detention must be electronically recorded when the
person being interrogated is charged with" certain listed crimes,
including murder. However, subsection (b)(vi) excepts from the recordation
requirement "a statement . . . given at a time when the accused is not a
suspect for the crime to which that statement relates while the accused is
being interrogated for a different crime that does not require
recordation[.]"
In this case, defendant was arrested on an open motor vehicle
warrant and interrogated regarding a homicide. The preliminary interrogation
was not recorded, but, at some point, after concluding based on defendant's
statements that he was a suspect in the homicide, investigators recorded his
statement on video. The trial judge denied defendant's motion to suppress the
statement and concluded there was no obligation to record the initial portion
of the interrogation.
The court construed the somewhat ambiguous provisions of
the Rule and conclude that an interrogation must be recorded if, taking into
account the totality of the circumstances then known to the interrogator, a
reasonable police officer would have a reasonable basis to believe defendant
was a "suspect" in the crime about which he was being questioned.
In this case, the court concluded that the trial judge properly determined
that the investigators reasonably concluded that defendant was not a suspect
when the interrogation began.
4.
Expert can only testify upon his own observations and not just read someone
else's report. State v. Bass __ NJ ___ (2016) (A-118-13)
The limitation on defendant's cross-examination of Sinclair constituted
reversible error. Defendant is entitled to a new trial on the charges of
murder, attempted murder and the possession of a weapon for an unlawful
purpose. In addition, the substitute expert read portions of the deceased
medical examiner's autopsy report to the jury, rather than testifying based
on his own observations and conclusions, which violated defendant's
confrontation rights. On retrial, any expert testimony by a substitute
medical examiner should conform to State v. Michaels, 219 N.J. 1, cert.
denied, 135 S. Ct. 761, (2014), and State v. Roach, 219 N.J. 58 (2014), cert.
denied, 135 S. Ct. 2348 (2015). Defendant was not entitled to an instruction
on the use of force against an intruder because he voluntarily admitted the
victims to his room.
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Editorial
Assistance Provided by Nicholas Idler. Mr. Idler is participating in Ken
Vercammen's Summer Internship Program and currently a student at the West
Virginia University College of Law.
Editor's
Note and Disclaimer:
All
materials Copyright 2016. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is
included.
KENNETH
VERCAMMEN & ASSOCIATES, PC
ATTORNEY
AT LAW
2053
Woodbridge Ave.
Edison,
NJ 08817
(Phone)
732-572-0500
(Fax)
732-572-0030
website: www.njlaws.com
